Tesla Scolded for Not Responding to NTSB Safety Guidance

(Bloomberg) -- U.S. safety investigators scolded Tesla Inc. for failing to respond to recommendations issued four years ago related to its controversial Autopilot driver-assist feature.

The National Transportation Safety Board on Monday released a letter to the electric-car company that said it is “deeply concerned” at the company’s failure to respond to the safety recommendations. 

The NTSB -- which has no regulatory authority and relies instead on its powers of persuasion on government and industry -- had called on Tesla and other manufacturers in 2017 to make improvements in the increasingly popular automation systems. 

“If you are serious about putting safety front and center in Tesla vehicle design, I invite you to complete action on the safety recommendations we issued to you four years ago,” NTSB Chairwoman Jennifer Homendy said in the letter. 

Tesla Chief Executive Officer Elon Musk has publicly clashed with regulators before, from the U.S. Securities and Exchange Commission to public health officials in Alameda County, California, where Teslas are built. 

In 2018, the NTSB revoked Tesla’s privileges to participate in an investigation for releasing information on the probe without permission. Musk hung up on then-NTSB Chairman Robert Sumwalt during a call to discuss the action, Sumwalt later said. 

Tesla didn’t immediately respond to an emailed request for comment.

“The NTSB has long advocated for implementation of myriad technologies to prevent tragedies and injuries and save lives on our nation’s roads, but it’s crucial that such technology is implemented with the safety of all road users foremost in mind,” Homendy said in the letter. “I look forward to receiving an update on our safety recommendations.”

The NTSB letter comes at a time in which the company appears to be receiving additional government scrutiny over how it promotes its driver automation systems. The National Highway Traffic Safety Administration in August opened a formal investigation into Autopilot-linked collisions into first-responder vehicles.

Tesla responded to NHTSA’s investigation on Saturday, requesting that its information be treated as confidential.   

Also in August, the NTSB’s Homendy told Bloomberg one of her focuses in office would be addressing public confusion over automated driving systems, including on Teslas. 

Monday’s recommendations stemmed from the first fatal Tesla crash linked to the so-called Autopilot system. In that case, a driver who had switched on Autopilot apparently wasn’t paying attention as the car drove into the side of a tractor trailer in Williston, Florida. 

NTSB concluded that Tesla’s automation design had contributed to the cause of the crash in Florida and it issued two recommendations to the auto industry. 

The NTSB called on Tesla and other automakers to limit the use of advanced driver-assist systems to roadways for which they were designed and said they should develop more effective ways to ensure drivers were paying attention. 

NTSB records show that Tesla has never bothered to respond, the only company that chose not to do so. 

In Monday’s letter, the NTSB said that subsequent accidents in which Autopilot was involved clearly showed the cars’ “potential for misuse requires a system design change to ensure safety.”

Despite not engaging with NTSB, Tesla has made some improvements in how it attempts to ensure drivers are paying attention. It has adjusted sensors on steering wheels that attempt to determine whether drivers are touching them. 

This year, the company also began using inward-pointed cameras to monitor driver inattention. Such cameras have been used by other manufacturers and NTSB had said in 2017 that they were a potentially good measure. 

Musk has repeatedly touted Tesla’s safety record, though it has at times caused him to run afoul of regulators. In 2019, NHTSA sent a cease-and-desist letter to the company after a company blog post saying the Model 3 had achieved the lowest probability of injury of any vehicle the agency had ever tested.

The issue of Tesla’s inaction on the recommendation letters has been percolating at NTSB for years. In February 2020, the safety board reiterated the two recommendations to Tesla following another investigation into a fatal accident involving Autopilot. In that case, a driver was using his phone in the moments before his car struck a highway divider in Mountain View, California. 

In its letter to Tesla the following month, the agency told the company: “Five automobile manufacturers responded to this recommendation with steps they were taking to address the issue. Tesla, however, has not responded.”

The NTSB’s spokesman at the time called it unusual for a company or agency to completely ignore a recommendation. “It’s not the norm,” former spokesman Chris O’Neil said last year. “Most recommendation recipients respond in the prescribed 90-day window.”

©2021 Bloomberg L.P.